Criminal Bail Application No.449 of 2022 (Or. Exh.1)
1 IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK, AT – NASHIK.

( Presided over by Mr. M. H. Shaikh) Criminal Bail Application No.449 of 2022 CNR No. MHNS010016682022

1.Dashrath Baburao Palde
Age : 45 years, Occ : Agriculture

2.Sampat Lahanu Palde
Age : 48 years, Occ : Agriculture Both R/o : Palde Mala, Vadner­
Dumala,Tal. & Dist. Nashik. .. Applicants/Accused

V/S

State of Maharashtra Through – PI, Upnagar Police Station (C.R. No.I­30/2022) .. Respondent/State

ppearance :
Ld. Adv. Shri. Rahul J. Kasliwal for Applicants/Accused.

Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.

ORDER BELOW EXH. No.1
(Delivered on 18 th April, 2022)

1.This is an application filed under Section 438 of Criminal Procedure Code for grant of pre­arrest bail in C. R. No.I­30/2022 registered with the respondent Upnagar Police Station for an offence punishable under Sections 307, 326, 324, 323, 504, 506, 143, 144, 147 & 149 R/W 34 of the Indian Penal Code and under Section 135 of the Maharashtra Police Act.

2. Perusal of the F.I.R. reflects that an incident occurred on 09.02.2022 at 08.30 p.m. at the place of one Kokne, where there was a Haldi programme. At the relevant time, it seems that the applicants have parked their motorcycle in front of the house of the complainant and therefore some quarrel took place and therefore the applicants and other accused persons assaulted the complainant and his wife by means of knife and iron­rod and thereby caused grievous hurt to the complainant i.e. his small finger was fracture. The matter came to be reported to the Police and the Crime came to be registered.

3.It is the case of the applicants that, they are falsely implicated in this case. They were present on the spot and the complainant assaulted them by stone and they countered it in self defence. Investigation is over. Recovery is made. Statements came to be recorded. Charge­sheet is filed. Role of these applicants is that, they have assaulted by fists blow. Applicants are ready to abide by the terms and conditions. Therefore, prayed to allow the application.

4.Respondent filed their say vide Exh.7 and strongly objected by saying that the offence alleged is serious in nature. Applicants have assaulted the wife of the complainant on her head and also assaulted the complainant on his right hand small finger. The knife and iron­rod is to be recovered. There is possibility that the applicant may pressurized and threatened the complainant and witnesses. Therefore, prayed to reject the application.

5.Heard Ld. Advocate for the applicants and Ld. A.P.P. for the State.

6.Upon hearing and going through the material placed on record, what can be gathered is that investigation is over and Chargesheet is filed before the Ld. J.M.F.C. Role of the applicants is that, they
have assaulted the complainant by fist blows. Muddemal is recovered.

There is a counter case filed against the complainant and his wife.

Considering the above facts, this Court finds that, custodial interrogation of the applicants is not necessary. The apprehension of the respondent can be taken care by imposing certain conditions. In the result, the following order :­

O R D E R

1.Criminal Bail Application No.449/2022 is allowed.

2.In the event of arrest, Applicant No.1 Dashrath Baburao Palde and Applicant No.2 Sampat Lahanu Palde be released on bail on their executing a personal bond of Rs.15,000/­ each with solvent sureties in like amount to the satisfaction of the Investigating Officer in connection with C. R. No.I­30/2022 registered with the respondent Upnagar Police Station for an offence punishable under Sections 307, 326, 324, 323, 504, 506, 143, 144, 147 & 149 R/W 34 of the Indian Penal Code and under Section 135 of the Maharashtra Police Act.

3.Applicants not to threaten and pressurize the complainant and the witnesses.

4.Applicants to mark their presence before the Senior Police Inspector of Respondent/ Upnagar Police Station on 01st and 15th of May and June, 2022 between 10.00 to 11.00 a.m.

5.In the above terms, the application stands disposed off accordingly.

MUSHTAQUE Digitally signed by MUSHTAQUE HUSSAIN HUSSAIN SHAIKH SHAIKH Date: 2022.04.18 17:48:16 +0530 Place : Nashik. (M. H. Shaikh) Date : 18/04/2022 Additional Sessions Judge, Nashik.